By Brandon Almond, Troutman Sanders LLP (January 4, 2017, 3:21 PM EST) -- The number of mass casualty events in the United States with reported or possible terrorist motivations has unfortunately increased in recent years (e.g., the Boston Marathon, San Bernardino office park shooting and Orlando nightclub shooting). Policyholders are thus increasingly seeking to take advantage of the liability protections available under the Support Antiterrorism by Fostering Effective Technologies (SAFETY) Act, 6 U.S.C. § 441 et seq. In order to qualify for those protections, a company must, among other things, maintain a certain level of liability insurance. Insurers have accordingly been increasingly assessing whether and to what extent to issue policies to insureds who have received SAFETY Act approval. Although the act is facially broad, it has yet to be applied in practice, and thus the uncertainties surrounding its function have yet to be tested. Carriers issuing policies to insureds who are qualified under the SAFETY Act should thus not do so on the assumption that the protections of the act are sufficient to absolve the policyholder of most or all liability for which it may seek insurance coverage....